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Matter of K. Children

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 764 (N.Y. App. Div. 1998)

Opinion

September 14, 1998

Appeal from the Family Court, Queens County (Berman, J.).


Ordered that the orders of disposition are affirmed, without costs or disbursements.

Contrary to the father's contention, the Family Court's findings of neglect with respect to the youngest child were supported by a preponderance of the evidence ( see, Family Ct Act § 1046 [b] [i]; Matter of Tammie Z., 66 N.Y.2d 1). The evidence demonstrated that despite having knowledge of the mother's recent history of drug abuse, the father failed to exercise a minimum degree of care in ensuring that the mother did not abuse drugs during her pregnancy with the youngest child (see, Family Ct Act § 1012 [f] [i] [B]). The father admitted that he did not know the mother's case planner had recommended preventative drug counseling, which the mother did not attend, and admitted that he was totally unaware of any other recommendations made by the case planner. The court also properly made a finding of derivative neglect as to the other children ( see, Matter of Nassau County Dept. of Social Servs. [Dante M.] v. Denise J., 87 N.Y.2d 73, 80).

The father's remaining contentions are either unpreserved for appellate review or without merit.

Miller, J. P., Altman, McGinity and Luciano, JJ., concur.


Summaries of

Matter of K. Children

Appellate Division of the Supreme Court of New York, Second Department
Sep 14, 1998
253 A.D.2d 764 (N.Y. App. Div. 1998)
Case details for

Matter of K. Children

Case Details

Full title:Matter of K. CHILDREN, Children Alleged to be Neglected. KEITH K.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 14, 1998

Citations

253 A.D.2d 764 (N.Y. App. Div. 1998)
677 N.Y.S.2d 379

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